Estate of Honore V. De St. Aubin, Deceased, Ovide E. De St. Aubin, Executor, et al. - Page 33

                                       - 33 -                                         

                  Under a hybrid pecuniary bequest, as under a pure                   
             pecuniary bequest, the dollar value of the bequest is set                
             as of the testator's date of death or the alternative                    
             valuation date.  If the executor distributes cash in                     
             satisfaction of the bequest, the beneficiary receives the                
             equivalent of a pure pecuniary bequest.  However, if the                 
             executor distributes other property, the beneficiary will                
             participate in the appreciation or depreciation of that                  
             property.  Estate of Goutmanovitch, supra at 774; Covey,                 
             The Marital Deduction and the Use of Formula Provisions,                 
             supra at 99-100.                                                         
                  Hybrid pecuniary bequests are used to ensure that the               
             testator's estate recognizes no income tax gain or loss if               
             appreciated or depreciated property is distributed.  This                
             result obtains because the basis of the assets distributed               
             equals the value of the obligation satisfied.  See Estate                
             of Goutmanovitch, supra at 773; Covey, The Marital                       
             Deduction and the Use of Formula Provisions, supra at 99-                
             100.                                                                     
                  Two methods of funding a hybrid pecuniary bequest are               
             significant in these cases:  The aggregate approach and                  
             the fairly representative approach.  Under the aggregate                 
             approach, the assets distributed must have an aggregate                  
             fair market value at the time of distribution greater than               





Page:  Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  Next

Last modified: May 25, 2011